Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://landmarkrms.com website (the “Service”) operated by Landmark RMS (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel accounts in our sole discretion.

Site Content

All site content, including Support forum content and imagery and documentation that is published on https://landmarkrms.com, or documentation or materials provided in connection with https://landmarkrms.com is the property of  Landmark RMS. Any replicated Documentation must be authorized in advance in writing by Landmark RMS Documentation shall not be used or exploited for any purpose, commercial or non-commercial, without the prior written consent of Landmark RMS except as authorized by these Terms.

Feedback

If you, or anyone acting on your behalf, transmit any communications or materials to Landmark RMS by email, electronic submission through  https://landmarkrms.com(“Landmark RMS Website”), or otherwise, suggesting or recommending changes to Documentation, Support, Services, or any other aspect of  Landmark RMS business, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), Landmark RMS is free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback. You hereby assign to Landmark RMS on your behalf, and on behalf of your employees, contractors and/or agents, all right, title, and interest in, and Landmark RMS is free to use, without any attribution or compensation to any party, any ideas, know-how, concepts, techniques, or other intellectual property rights contained in the Feedback, for any purpose whatsoever, although Landmark RMS is not required to use any Feedback.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by Landmark RMS.

Landmark RMS has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that Landmark RMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.

Transactional Emails

Landmark RMS may on occasion send you email notifications related to the Landmark RMS to the registered email address as described in Section 9. These transactional emails may include notification of  changes to our Terms and Conditions, and other transactional emails related to your service with Landmark RMS. You agree to receive these transactional emails and that these transactional emails are binding as if set forth in these Terms and Conditions.

Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the https://landmarkrms.com.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Billing. By providing a valid Payment Method, you authorize us to charge the specified rate on the Landmark RMS Website to your Payment Method. The amount and billing date will be clearly stated on your receipt email from Landmark RMS.

Payment Methods. The payment method used will be stored securely with our payment processor. The payment method will not be utilized or stored for any other purposes. You are responsible for editing and keeping your Payment Method information current by visiting the Landmark RMS Website.

Indemnification

You agree to defend, indemnify and hold harmless Landmark RMS and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.

Limitation Of Liability

In no event shall Landmark RMS, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Privacy

All data we collect is used for internal purposes only. We will absolutely never sell your personal information to 3rd parties. We do not share your personal information with any 3rd parties, except those specifically contracted to fulfill the processes involved in the obtaining of insurance, billing, support, metric collection and improvement of our Services. You can read the full privacy policy here.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Landmark RMS its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Maryland, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 15 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

Contact Us

If you have any questions about these Terms, please contact us.

We reserve the right to alter these Terms and Conditions at any time for any reason. These Terms may not be altered by you without Landmark RMS prior written agreement. Only Landmark RMS may assign these Terms.

Last Updated: February 1, 2024